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cran 863.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

942 CRIMINAL APPLICATION NO.863 OF 2020

MAHEBOOB KHAN S/O. AZMAT KHAN PATHAN AND

OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANR

...

Advocate for Applicants :Mr. Shaikh Wajeed Ahmed

APP for Respondents: Mrs. P VDiggikar

Advocate for Respondent 2 : Mr. Sameer Ahmed

...

CORAM : V.K. JADHAV & SANDIPKUMAR C. MORE, JJ.

Dated: March 02, 2022

...

PER COURT :-

1.

Heard fnalll with consent at admission stage.

2.

The applicants/original accused are seeking

quashing of the First Information Report bearing no.32

of 2020 registered with Purna police Station, District

Parbhani for the offence punishable under sections 323,

324, 504, 506, 143, 147, 148, 149 of the IPC r/w section

4(25) of the Arms Act and Section 3(1)(r)(s) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 and also seeking quashing of the

proceedings bearing Special Case No.57 of 2020 pending

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cran 863.20.odt

before the Sessions Court, Parbhani, on the ground that

the parties have arrived at amicable settlement.

3.

On the basis of the complaint lodged bl

respondent no.2, aforesaid crime came to be registered.

It has been alleged in the complaint that on 13.1.2020

the incident had taken place due to road rage. The

applicant/accused Samir Khan Gous Khan Pathan and

Shaikh Mohammad Shaikh Rafk alongwith two others

have extended the beating to the informant and the

driver of the tipper on the ground that driver of the

tipper has driven the tipper in a rash manner. Even

thel have abused the informant bl referring his caste at

public place. It has been also alleged in the complaint

that thereafter those two accused persons (applicant

nos.4 and 5) also called some other persons from their

communitl and, accordingll, all the applicants before

us extended the beating to the informant and driver

Pawan, abused the informant bl referring his caste at

public place.

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cran 863.20.odt

4.

The learned counsel for the applicant and the

learned counsel appearing for the respondent no.2

submit that, both the parties are the residents of Purna

Taluka and thel have arrived at amicable settlement

due to intervention of the respectable persons, relatives

and mediators. Thel have decided to live peacefulll

within the village Purna, District Parbhani. Learned

counsel for respondent no.2 submit that respondent

no.2 alongwith injured Pawan Tukaram Sherkar has

fled affdavit to that effect. The informant and said

injured are not interested in prosecuting the case.

5.

We have also heard the learned APP for the

respondent/State.

6.

The learned APP, on instructions, submits that, so

far as the applicants are concerned, there are no

antecedents, however, there is one crime registered

against respondent no.2/informant.

7.

We have carefulll gone through the allegations

made in the complaint. It appears that the alleged

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cran 863.20.odt

incident had taken place without anl premeditation and

it is the out come of the road rage. The parties have

decided to settle their dispute amicabll due to

intervention of the respectable persons from the societl

and also due to intervention of the mediators and other

persons. It has also revealed during the investigation

and said fact is also reported bl the S.D.P.O. in his

report submitted to the Sessions Court that the

informant and said witness Pavan have not sustained

anl injuries in the alleged incident and even thel have

not taken anl treatment for anl of the injuries allegedll

sustained in the incident.

8.

In a case of Gian Singh vs. State of Punjab and